S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    679
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Aging
 
 AN ACT to amend the administrative code of the city of New York and  the
   real  property  tax  law,  in  relation  to  notice regarding the rent
   increase exemption for low income elderly  persons  and  persons  with
   disabilities programs

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The administrative code of the city of New York is  amended
 by adding a new section 26-605.2 to read as follows:
   §  26-605.2  REQUIRED NOTICE. (A) A TENANT RESIDING IN A DWELLING UNIT
 SUBJECT TO THE PROVISIONS OF THIS CHAPTER SHALL BE  FURNISHED  A  NOTICE
 INFORMING  SUCH TENANT ABOUT HIS OR HER POTENTIAL ELIGIBILITY FOR A RENT
 INCREASE EXEMPTION PURSUANT TO THIS CHAPTER AND THE  REAL  PROPERTY  TAX
 LAW.  THE  FORM  AND  CONTENT OF SUCH NOTICE SHALL BE PROMULGATED BY THE
 COMMISSIONER OF FINANCE AND SHALL INCLUDE THE STATEMENT:
   "YOU MAY BE ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE  AGED  62  OR
 OVER OR DISABLED, HAVE AN ANNUAL HOUSEHOLD INCOME OF $50,000 OR LESS AND
 PAY MORE THAN ONE-THIRD OF YOUR INCOME TOWARD YOUR RENT. FOR MORE INFOR-
 MATION  ABOUT  YOUR  ELIGIBILITY  TO  HAVE YOUR RENT FROZEN, CALL 311 OR
 VISIT (INSERT URL OF THE CURRENT WEBSITE OF THE AGENCY DESIGNATED)."
   (B) THE NOTICE REQUIRED BY SUBDIVISION (A) OF THIS  SECTION  SHALL  BE
 FURNISHED  BY  THE FOLLOWING AGENCIES OR INDIVIDUALS AT THE SAME TIME AS
 THE NOTICE REQUIRED BY THE OCCURRENCE OF THE FOLLOWING EVENTS:
   (1) THE STATE COMMISSIONER OF  HOUSING  AND  COMMUNITY  RENEWAL  SHALL
 PROVIDE SUCH NOTICE TO A TENANT IN THE EVENT OF:
   (I)  RECEIPT  OF  AN  APPLICATION FOR A RENT ADJUSTMENT DUE TO A MAJOR
 CAPITAL IMPROVEMENT;
   (II) A RENT INCREASE PURSUANT TO SECTION  THIRTY-ONE  OF  THE  PRIVATE
 HOUSING FINANCE LAW;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00697-01-3
 A. 679                              2
              

 
   (III)  RECEIPT OF THE ANNUAL CERTIFICATION REQUIRED BY SECTION THIRTY-
 ONE OF THE PRIVATE HOUSING FINANCE LAW; AND
   (IV)  FOR  DWELLING  UNITS  SUBJECT  TO CHAPTER THREE OF THIS TITLE, A
 MAXIMUM BASE RENT ADJUSTMENT OR HEATING FUEL COST ADJUSTMENT PURSUANT TO
 PARAGRAPH ONE OF SUBDIVISION G OF SECTION 26-405 OF THIS TITLE.
   (2) THE COMMISSIONER OF HOUSING  PRESERVATION  AND  DEVELOPMENT  SHALL
 PROVIDE  SUCH  NOTICE  TO  A  TENANT WHEN A LEASE RIDER IS REQUIRED BY 9
 NYCRR 2522.5(E)(2) FOR A LEASE CONTAINING AN ESCALATOR CLAUSE  PROVIDING
 FOR  AN ANNUAL OR OTHER PERIODIC 2.2 PERCENT RENT INCREASE FOR BUILDINGS
 RECEIVING BENEFITS PURSUANT TO SECTION FOUR HUNDRED TWENTY-ONE-A OF  THE
 REAL PROPERTY TAX LAW.
   (3)  THE  LANDLORD  OF  A DWELLING UNIT SHALL PROVIDE SUCH NOTICE TO A
 TENANT:
   (I) WITH AN INITIAL LEASE AND ANY RENEWAL LEASE; AND
   (II) UPON THE  ANNUAL  REGISTRATION  OF  A  HOUSING  ACCOMMODATION  AS
 REQUIRED BY SECTION 26-517 OF THIS TITLE.
   (C)  WHEN  NOTICE  IS  FURNISHED  PURSUANT  TO PARAGRAPH ONE OR TWO OF
 SUBDIVISION (B) OF THIS SECTION,  SUCH  NOTICE  SHALL  INCLUDE  SPECIFIC
 INFORMATION AS TO THE AGENCY PROVIDING SUCH NOTICE.
   §  2.  Subdivision  3 of section 467-b of the real property tax law is
 amended by adding a new paragraph j to read as follows:
   J. (1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A  TENANT
 RESIDING  IN  A  DWELLING UNIT SUBJECT TO THE PROVISIONS OF THIS SECTION
 SHALL BE FURNISHED A NOTICE INFORMING  SUCH  TENANT  ABOUT  HIS  OR  HER
 POTENTIAL  ELIGIBILITY  FOR  A  RENT INCREASE EXEMPTION PURSUANT TO THIS
 SECTION.  THE FORM AND CONTENT OF SUCH NOTICE SHALL  BE  PROMULGATED  BY
 THE  STATE  COMMISSIONER  OF  TAXATION AND FINANCE AND SHALL INCLUDE THE
 STATEMENT:
   "YOU MAY BE ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE  AGED  62  OR
 OVER  OR  DISABLED, MEET HOUSEHOLD INCOME REQUIREMENTS AND PAY MORE THAN
 ONE-THIRD OF YOUR INCOME TOWARDS YOUR RENT. FOR MORE  INFORMATION  ABOUT
 YOUR  ELIGIBILITY TO HAVE YOUR RENT FROZEN, CALL (INSERT PHONE NUMBER OF
 THE AGENCY DESIGNATED) OR VISIT (INSERT URL OF THE  CURRENT  WEBSITE  OF
 THE AGENCY DESIGNATED)."
   (2) THE NOTICE REQUIRED BY SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL BE
 FURNISHED  BY  THE FOLLOWING AGENCIES OR INDIVIDUALS AT THE SAME TIME AS
 THE NOTICE REQUIRED BY THE OCCURRENCE OF THE FOLLOWING EVENTS:
   (A) THE STATE COMMISSIONER OF  HOUSING  AND  COMMUNITY  RENEWAL  SHALL
 PROVIDE SUCH NOTICE TO A TENANT IN THE EVENT OF:
   (I)  RECEIPT  OF  AN  APPLICATION FOR A RENT ADJUSTMENT DUE TO A MAJOR
 CAPITAL IMPROVEMENT;
   (II) A RENT INCREASE PURSUANT TO SECTION  THIRTY-ONE  OF  THE  PRIVATE
 HOUSING FINANCE LAW;
   (III)  RECEIPT OF THE ANNUAL CERTIFICATION REQUIRED BY SECTION THIRTY-
 ONE OF THE PRIVATE HOUSING FINANCE LAW; AND
   (IV) FOR DWELLING UNITS SUBJECT TO CHAPTER THREE OF  TITLE  TWENTY-SIX
 OF  THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, A MAXIMUM BASE RENT
 ADJUSTMENT OR HEATING FUEL COST ADJUSTMENT PURSUANT TO PARAGRAPH ONE  OF
 SUBDIVISION  G  OF SECTION 26-405 OF THE ADMINISTRATIVE CODE OF THE CITY
 OF NEW YORK.
   (B) THE COMMISSIONER OF HOUSING  PRESERVATION  AND  DEVELOPMENT  SHALL
 PROVIDE  SUCH  NOTICE  TO  A  TENANT WHEN A LEASE RIDER IS REQUIRED BY 9
 NYCRR 2522.5(E)(2) FOR A LEASE CONTAINING AN ESCALATOR CLAUSE  PROVIDING
 FOR  AN ANNUAL OR OTHER PERIODIC 2.2 PERCENT RENT INCREASE FOR BUILDINGS
 RECEIVING BENEFITS PURSUANT TO SECTION FOUR HUNDRED TWENTY-ONE-A OF THIS
 TITLE.
 A. 679                              3
 
   (C) THE LANDLORD OF A DWELLING UNIT SHALL PROVIDE  SUCH  NOTICE  TO  A
 TENANT:
   (I) WITH AN INITIAL LEASE AND ANY RENEWAL LEASE; AND
   (II)  UPON  THE  ANNUAL  REGISTRATION  OF  A  HOUSING ACCOMMODATION AS
 REQUIRED BY SECTION 26-517 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
 YORK.
   (3) WHEN NOTICE IS FURNISHED PURSUANT TO ITEM (I) OR  (II)  OF  CLAUSE
 (A)  OF  SUBPARAGRAPH  TWO  OF THIS PARAGRAPH, SUCH NOTICE SHALL INCLUDE
 SPECIFIC INFORMATION AS TO THE AGENCY PROVIDING SUCH NOTICE.
   § 3. Subdivision 3 of section 467-c of the real property  tax  law  is
 amended by adding a new paragraph e to read as follows:
   E.  (1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A TENANT
 RESIDING IN A DWELLING UNIT SUBJECT TO THE PROVISIONS  OF  THIS  SECTION
 SHALL  BE  FURNISHED  A  NOTICE  INFORMING  SUCH TENANT ABOUT HIS OR HER
 POTENTIAL ELIGIBILITY FOR A RENT INCREASE  EXEMPTION  PURSUANT  TO  THIS
 SECTION.    THE  FORM AND CONTENT OF SUCH NOTICE SHALL BE PROMULGATED BY
 THE STATE COMMISSIONER OF TAXATION AND FINANCE  AND  SHALL  INCLUDE  THE
 STATEMENT:
   "YOU  MAY  BE  ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE AGED 62 OR
 OVER OR DISABLED, MEET HOUSEHOLD INCOME REQUIREMENTS AND PAY  MORE  THAN
 ONE-THIRD  OF  YOUR INCOME TOWARDS YOUR RENT. FOR MORE INFORMATION ABOUT
 YOUR ELIGIBILITY TO HAVE YOUR RENT FROZEN, CALL (INSERT PHONE NUMBER  OF
 THE  AGENCY  DESIGNATED)  OR VISIT (INSERT URL OF THE CURRENT WEBSITE OF
 THE AGENCY DESIGNATED)."
   (2) THE NOTICE REQUIRED BY SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL BE
 FURNISHED BY THE FOLLOWING AGENCIES OR INDIVIDUALS AT THE SAME  TIME  AS
 THE NOTICE REQUIRED BY THE OCCURRENCE OF THE FOLLOWING EVENTS:
   (A)  THE  STATE  COMMISSIONER  OF  HOUSING AND COMMUNITY RENEWAL SHALL
 PROVIDE SUCH NOTICE TO A TENANT IN THE EVENT OF:
   (I) RECEIPT OF AN APPLICATION FOR A RENT ADJUSTMENT  DUE  TO  A  MAJOR
 CAPITAL IMPROVEMENT;
   (II)  A  RENT  INCREASE  PURSUANT TO SECTION THIRTY-ONE OF THE PRIVATE
 HOUSING FINANCE LAW;
   (III) RECEIPT OF THE ANNUAL CERTIFICATION REQUIRED BY SECTION  THIRTY-
 ONE OF THE PRIVATE HOUSING FINANCE LAW; AND
   (IV)  FOR  DWELLING UNITS SUBJECT TO CHAPTER THREE OF TITLE TWENTY-SIX
 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, A MAXIMUM BASE  RENT
 ADJUSTMENT  OR HEATING FUEL COST ADJUSTMENT PURSUANT TO PARAGRAPH ONE OF
 SUBDIVISION G OF SECTION 26-405 OF THE ADMINISTRATIVE CODE OF  THE  CITY
 OF NEW YORK.
   (B)  THE  LANDLORD  OF  A DWELLING UNIT SHALL PROVIDE SUCH NOTICE TO A
 TENANT:
   (I) WITH AN INITIAL LEASE AND ANY RENEWAL LEASE; AND
   (II) UPON THE ANNUAL REGISTRATION OF A HOUSING ACCOMMODATION.
   (3) WHEN NOTICE IS FURNISHED PURSUANT TO CLAUSE  (A)  OF  SUBPARAGRAPH
 TWO OF THIS PARAGRAPH, SUCH NOTICE SHALL INCLUDE SPECIFIC INFORMATION AS
 TO THE AGENCY PROVIDING SUCH NOTICE.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.